From: Clifton Royston (cliftonrlava.net)
Date: Fri Apr 04 2003 - 14:25:06 CST

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  The Habeas concept of nailing spammers via U.S. trademark and
copyright law is now going to the test. Here are a few articles
on the two lawsuits they just filed:

  <http://news.com.com/2100-1024-995568.html>

  <http://www.theregister.co.uk/content/55/30109.html>

  <http://www.dmnews.com/cgi-bin/artprevbot.cgi?article_id=23519>

  Google news will turn up a bunch more for "Habeas".

  One of the cool things about this is that trademark law not only
makes the legal issues pretty straightforward, it also provides for
statutory damages (i.e. minimum they can collect) per instance of
violation (i.e. per email sent), plus confiscation of any profits made
using the violated trademark, plus triple damages for any actual damage
to Habeas's good name and value due to its use by the spammers, plus
confiscation and destruction of equipment used in the trademark
violation (e.g. the spammers' mailservers.) It also lets them go after
the direct beneficiaries of the spammers (affiliate programs and
mortgage banks) as well as the actual spammers themselves.

  It all depends what the courts say, but it sounds promising.
  -- Clifton

--
     Clifton Royston -- LavaNet Systems Architect -- cliftonrlava.net

  "If you ride fast enough, the Specialist can't catch you."
  "What's the Specialist?" Samantha says.
  "The Specialist wears a hat," says the babysitter. "The hat makes noises."
  She doesn't say anything else.
                      Kelly Link, _The Specialist's Hat_

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